lethal operation against an innocent person and the senate intelligence committee chair, senator dianne feinstein, says she thinks there will soon be a quote, new day of transparency? >> at one point it was a limited covert program. now everybody knows about it and i think we need to see that this program is really run according to the american constitution and according to law. >> reporter: brennan said yesterday he never believed it is better to kill a terrorist than to detain one for intelligence-gathering purposes. he also offered a new position on enhanced interrogation. in 2007 he said it saved lives but yesterday he said he personally objected to techniques like waterboarding when he was with the cia but never tried to prevent them because they were being used in a different part of the agency. rick? rick: peter, what about the nomination? where does that stand? >> reporter: it is really too soon to tell and the vice-chair of the senate intelligence committee said last night he thinks after all those hours in the hearing room there are still some senators who are not sold as john brennan a